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(영문) 대전지방법원 천안지원 2018.11.02 2018고단1965

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 21, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of a water source method, and on October 4, 2013, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving), and on October 30, 2013, the Defendant received a summary order of KRW 2 million as a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of a water source method, which was conducted on October 30, 2013.

On April 23, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (non-licenseless Driving) on the grounds of a violation of the Road Traffic Act in the Support for Ansan of the Sugwon method and was sentenced to a suspended sentence of two years on May 22, 2015. On May 30, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group deadly weapons, etc.) at the Seoul Southern District Court and was sentenced to one year and six months on May 30, 2015, and was released on December 23, 2016, and the remaining term of the suspended sentence was expired on May 21, 2017.

On July 5, 2018, the Defendant driven a BM3 car under the influence of alcohol with approximately 0.087% alcohol content from the 50-meter section to the templet parking lot located in approximately 70-16, in the case of Asan City from the front point of CU temical Ballast 1, located in 70 each other, in the case of Asan City, the Defendant driven a BM3 car under the influence of alcohol with approximately 0.087% alcohol content in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on driving alcohol;

1. Notification of the results of regulating drinking driving;

1. Four copies of the on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), confirmation of the invalidation of the suspension of execution, repeated crimes, and attachment of the same summary order, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendants with reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment have a considerable number of records of punishment, and among them, they have a significant number of records of punishment.